Renshaw v Police

[2014] NZHC 2138

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI-2014-419-000008 [2014] NZHC 2138

BETWEEN

PETER RODGER RENSHAW

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	5 September 2014
Counsel:	Appellant in person T C Tran for Respondent
Judgment:	5 September 2014

JUDGMENT OF COLLINS J

Introduction

[1]      This judgment explains why I am dismissing Mr Renshaw’s application to stay the suspension of his driver’s licence pending an appeal to this Court.

Background

[2]      On  18  August  2013  Mr  Renshaw  was  stopped  at  a  checkpoint  near Te Awamutu.  He was administered a breath screening test.  A request was made for him to produce a blood sample.  He refused to provide a blood sample because he was not satisfied that a nurse who attended was a medical officer within the meaning of the Land Transport Act 1998.

[3]      Mr Renshaw was convicted by Judge Spiller in the Te Awamutu District

Court on 10 February 2014.

RENSHAW v NEW ZEALAND POLICE [2014] NZHC 2138 [5 September 2014]

[4]      I heard an appeal in the Hamilton High Court on 29 May 2014.  I dismissed Mr Renshaw’s appeal against conviction but allowed his appeal against sentence to enable Mr Renshaw to submit further matters to Judge Spiller that Judge Spiller may have  wished  to  take  into  account  in  deciding  whether  or  not  to  discharge Mr Renshaw without conviction.

[5]      Judge Spiller reconsidered the decision to convict and sentence Mr Renshaw on 31 July 2014.  He re-entered the conviction, reaffirmed the fine of $600, Court costs and a disqualification of six months which became effective at midnight on

31 July 2014.

[6]      Mr Renshaw has applied to the High Court for leave to appeal to the Court of

Appeal my decision dismissing his appeal against conviction.

[7]      Mr Renshaw’s proposed appeal is a second appeal and is therefore governed by s 237 of the Criminal Procedure Act 2011.   He therefore needs to apply to the Court of Appeal for leave to appeal from my judgment of 29 May 2014.

[8]      Mr   Renshaw   has   also   appealed   the   sentence   decision   imposed   by Judge Spiller on 29 July 2014.   That appeal will be heard in due course in the Hamilton High Court.

[9]      Mr Renshaw’s application that he be permitted to drive in the meantime is based upon humanitarian grounds.  He pleads he has fallen on hard times and that his inability to drive isolates him from the community.

[10]     In my assessment, the most appropriate course of action is for Mr Renshaw’s appeal against sentence to be heard as expeditiously as possible so that if there is any basis upon which he should not be disqualified that can be properly considered by a Judge hearing his appeal.

[11]     Mr Renshaw has not provided sufficient reasons to justify any suspension of the orders made by Judge Spiller.

[12]     The  period  of  disqualification  ordered  by  Judge  Spiller  will  therefore

continue.

D B Collins J

Solicitors:

Crown Solicitor, Hamilton for Respondent